| (2) The written notice of violation will provide the
permit holder an opportunity to request a hearing on or before the
20th day after the date on the written notice of violation and will
inform the permit holder that failure to request a hearing on or before
that date will result in the waiver of the right to a hearing and
the imposition of the proposed penalty.
(f) Administrative hearings. If the permit holder responds
to the written notice of violation and requests a hearing on or before
the 20th day after the date on the written notice of violation, the
comptroller will grant an administrative hearing. A hearing request
is considered submitted by the date-stamp affixed by the agency mail
room. The hearing shall be governed by §1.21 of this title (relating
to Cigarette, E-Cigarette, Cigar, and Tobacco Tax Hearings).
(g) Waiver of hearing. If the permit holder does not
respond to the written notice of violation on or before the 20th day
after the date on the written notice of violation, the permit holder's
right to an administrative hearing is waived. An untimely request
for an administrative hearing will not be granted.
|
| Source Note: The provisions of this §3.1204 adopted to be effective January 22, 1998, 23 TexReg 425; amended to be effective March 14, 2000, 25 TexReg 2156; amended to be effective September 6, 2006, 31 TexReg 7134; amended to be effective February 6, 2012, 37 TexReg 500; amended to be effective March 6, 2024, 49 TexReg 1282 |
